| 965 Amsterdam Ave., LLC v DePena, Jennifer, et al. |
| Motion No: 570849/05 |
| Slip Opinion No: 2006 NYSlipOp 65867(U) |
| Decided on March 10, 2006 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
March 10, 2006
965 Amsterdam Ave., LLC v DePena, Jennifer, et al.
It is Ordered that the motion for a stay is granted, pending the determination of the appeal noticed for the May 2006 term, on condition that the appellant continues to pay for accruing use and occupancy to the petitioner, without prejudice, on each subsequent rental due date. In the event of appellant's failure to comply with the foregoing condition, petitioner may move on five days' notice for an order vacating the stay.
By: McCooe, J.P., Davis, Gangel-Jacob, J.J.
Motion No. 570849/05